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MATTER OF MIRENBERG v. LYNB. UN. FREE SCH. DIST. BD. OF ED.

63 A.D.3d 943 (2009)

881 N.Y.S.2d 159

In the Matter of ETHAN MIRENBERG, Appellant, v. LYNBROOK UNION FREE SCHOOL DISTRICT BOARD OF EDUCATION et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 16, 2009.

Ordered that the judgment is affirmed, with costs.

"[O]ne who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law" (Watergate II Apts. v Buffalo Sewer Auth., 46 N.Y.2d 52, 57 [1978]). "The exhaustion rule, however, is not an inflexible one. It is subject to important qualifications. It need not be followed, for example, when an...

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